Amendments are
proposed to the Workplace Relations Amendment (Prohibition of
Compulsory Union Fees) Bill 2002 (the Bill), to modify the
definition of ‘bargaining services fee’ and insert two
new provisions into the Bill relating to contracts for bargaining
services.

The amendments
would:

·
redefine ‘bargaining services fee’ to clarify that the
restrictions and prohibitions proposed in the Bill which address
fees in respect of which bargaining services are provided also
cover fees which are in respect of bargaining services which have
not been, but which are purported to have been, provided;

·
clarify that an industrial association can demand payment of a
bargaining services fee that is payable under a contract; and

·
make clear that the Division does not prevent an industrial
association from entering into a contract for the provision of
bargaining services with a person who is not a member of the
association.

FINANCIAL IMPACT STATEMENT

The amendments proposed to the Bill are budget
neutral.

NOTES ON AMENDMENTS

Amendment No. 1 - Schedule 1, item 4, page 3 (line
23)

This amendment proposes to insert
additional words into the definition of ‘bargaining services
fee’. The definition presently provides that such a fee
is one payable to an industrial association or someone else in lieu
of an industrial association, for the provision of bargaining
services. This does not include the membership dues of the
association. The amendment will insert the words ‘or
purported provision’ in relation to bargaining
services.

The effect of the amendment would
be to make clear that the provisions of the Bill (for example
prohibition of discriminatory conduct on account of non-payment of
a bargaining services fee; prohibition on demanding such a fee;
removal of clauses in agreements providing for payment of such a
fee) will apply in circumstances where bargaining services have not
been provided but are purported to have been provided to the person
from whom a fee is being sought.

Amendment No. 2 - Schedule 1, item 9, page 5 (after line
4)

This amendment
would insert a new provision [subsection 298SA(1A)] into the Bill
to clarify that the prohibition on an industrial association
demanding a bargaining services fee (proposed by item 9) does not
prevent such an association from demanding payment of a bargaining
services fee that is payable to the association under a contract
for the provision of bargaining services.

Amendment No.
3 - Schedule 1, item 9, page 5 (after line 14)

This amendment
would insert a new provision [new section 298SBA] into the Bill to
make clear that nothing in Division 5 of Part XA prevents an
industrial association from entering into a contract for the
provision of bargaining services with a person who is not a member
of the association.